Menard County Texas

Death of Fred King, County Attorney

The first time I heard the names Frank Hamby and Fred King was when I was contacted by a descendent looking for information about the shooting. After several weeks of correspondence, I was able to locate the following newspaper articles which describe the incident......and what happened in the trial phase of the case.

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Witchita Daily Times Newspaper,
Wichita Falls, TX, Sunday,
September 13, 1914:

COUNTY ATTORNEY KILLED BY MENARD MARSHALL---BY ASSOCIATED PRESS
Brownwood, Texas, Sept 12---Word was brought in Brownwood today giving details in the death of County Attorney Fred King at Menard Thursday. He was shot and killed by the Marshal Frank Hamby. They had trouble it is said, when King was arrested by Hamby charged with gambling. It is said also that a fist fight preceded King's death. Both men were married and were known in Menard. King was defeated for re-election in the July primary."

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San Antonio Light (San Antonio, Texas)
September 15, 1914

Menard Marshal Held
Charged with Killing County Attorney Fred King

Menard, Tex., Sept 15----City Marshal Frank Hamby, held in connection with the killing of County Attorney Fred King, was still in jail today and it was expected that no effort to give bond would be made for him until after the preliminary hearing set for this afternoon. Friends of Hamby asserted he would be able to raise whatever bond was assessed. Intense interest centers in the case owing to the prominence and official positions of the principals.

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San Antonio Light (San Antonio, Texas)
September 18, 1914

Menard Man Granted Bail

Menard, Tex. Sept 18--After a three-day preliminary trial, City Marshal Frank Hamby yesterday was put under $5000 bond to answer to a charge of murder in connection to the killing of County Attorney Fred King, last week.

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Menard News and Messenger
Thursday, March 4, 1915
pg 1

FRANK HAMBY ACQUITTED BY FREDERICKSBURG JURY-
JURY OUT BUT A SHORT TIME, DEFENSE PUTS UP STRONG CASE

Frank Hamby was declared innocent of the murder of Fred King by a Fredericksburg jury in that place last Thursday. Frank Hamby is city marshall of Menard and Fred King was County Attorney of this county, at the time of death.

The case was opened on Monday before District Judge Stubbs, the jury was chosen by that afternoon. Tuesday and Wednesday morning was spent hearing the evidence and Wednesday afternoon and Thursday morning, the lawyers made their arguments, the case going to the jury at lunch time who were out one hour and twenty minutes including the time spent for lunch.

For the benefit of our readers we are adding an impartial summary of the evidence as it was submitted to us. The killing was the outcome of ill feeling between King and Hamby which started three years ago when Hamby arrested King on a drunk and disorderly charge and put him in jail where he set fire to the bedding. He arrested him the second time on the same charge but allowed two of his friends to take him home. Six months previous to the killing, a fight occurred in the Cottonwood between the two in which King got decidedly the best of it. On September ninth Hamby arrested King with four others charging them with gambling. A fight again resulted that evening in which Hamby was knocked down and a knife was wrested away from King. The killing occurred the following morning about eleven o'clock in the Legal Tender saloon. King was in there getting a drink when Hamby came in.

The prosecution claimed that..........

(CONTINUED ON PAGE FOUR)

.....Hamby came in there intending to kill King, and produced witnesses who gave testimony that they heard Hamby threaten King's live after the beating he had received the evening before. Also, that at a previous time Hamby had not exercised his duty and interfered between King and another party who were quarrelling, but had stated that he hoped the man would kill King. They showed by an eye witness that Hamby had been seen that morning rubbing his head and fingering his gun and muttering and claimed that he followed King into the sallon, met him half way down the bar as he was coming toward him and struck him on the head with his gun, and then shot him twice, once through both thighs and once through the breast about four inches below the left nipple.

Evidence on the fight was at variance, the defense claiming that Hamby was standing near the bar when King advanced rapidly upon him and Hamby drew his gun as he was within about four feet of him and struck him on the head. King closed with him and in the following schuffle King had hold of the gun which went off three times, the first missing him, the second striking the hips and the third passing through King's body whereupon King released his grip and sank to the floor. This was Hamby's statement of the beginning of the fight and was verified by an eye witness.

The defense established King's hatred of Hamby covering a period of three years and showed witnesses who heard King's repeated threats to kill him. They showed that the friends of the two men had attempted to patch up their differences with Hamby willing, but King refusing.

The editor wants it clearly understood that this is simply a summary----incomplete necessarily but adduced from the evidence as presented at Fredericksburg, and it was upon this evidence that the jury turned in a verdict of "not guilty". We feel that the people are entitled to this and had it been possible to secure and set the evidence in full we would have done so. The editor was not here at the time of the killing and knows nothing about it. Hence, no desire to favor either side.

NOTE: While I strive for accuracy in all transcriptions, please be advised that typing errors may be present. I would suggest you always verify my online information with a copy of the actual record.

All contents of this web site are the property of Alicia Brown unless otherwise noted. You are free to copy or print out pieces of information for your personal genealogical research, but nothing on this site may be used in other ways without my permission.

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Saturday, November 22, 2008 5:55 PM